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� , . • � 99_i�5138 this Deed shall be rendered null and void without any further affirmative act of Beneficiary. 4. 15 Arbitration. (a) Any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to this Deed or any related agreements or instruments, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law) , the Rules of Practice and Procedure for the Arbitration of Commercial Disputes of J.A.M.S. /Endispute or any successor thereof ("J.A.M. S. ") , and the "Special Rules" as set forth below. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Deed may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Deed applies in any court having jurisdiction over such action. (b) The arbitration shall be conducted in the city of Grantor's domicile at the time of the execution of this Deed and administered by J.A.M. S. who will appoint an arbitrator; if J.A.M.S. is unable or legally precluded from administering the arbitration, then the American Arbitration Association will serve. All arbitration hearings will be commenced within ninety (90) days of the demand for arbitration; further, the arbitrator shall only, upon showing of cause, be permitted to extend the commencement of such hearing for up to an additional sixty (60) days. (c) Nothing in this Deed shall be deemed to (i) limit the applicability of any otherwise applicable statutes of limitation or repose and any waivers contained in this Deed; or (ii) be a waiver by Beneficiary of the protection afforded to it by 12 U.S.C. SEC. 91 or any substantial equivalent state law; or (iii) limit the right of Beneficiary hereto (A) to exercise self help remedies such as (but not limited to) setoff, or (B) to foreclose against any real or personal property collateral, or (C) to obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief, writ of possession or the appointment of a receiver. Beneficiary may exercise such self help rights, foreclose upon such property, or obtain such provisional or ancillary remedies before, during or after the pendency of any arbitration proceeding brought pursuant to this Deed. Neither this exercise of self help remedies nor the institution or maintenance of an action for foreclosure or provisional or ancillary remedies shall canstitute a waiver of the right of any party, including the claimant in such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies. 4. 16 Interest Rate. Grantor and Beneficiary acknowledge and agree that Beneficiary is a national banking association, chartered under the laws of the United State of America, located in the State of Georgia, and that under Section 85 of Title 12 of the United States Code, the maximum rate of interest which Beneficiary may take, receive, reserve and charge on the Secured Indebtedness shall be determined in accordance with the laws of the State of Georgia. In no event shall the amount of interest (including any prepaid interest or other charges or fees held to be interest by a court of competent jurisdiction) accrue to be payable under the Note exceed the highest contract rate of interest allowed by applicable law for the time such indebtedness shall be outstanding and unpaid and if by reason of the acceleration of maturity of the Secured Indebtedness, or for any other reason, interest in excess of such highest legal rate shall be due and paid, any such excess shall constitute and be treated as a payment of the principal evidenced -23-